People v. Miranda CA5
Opinion
Opinion
INTRODUCTION
Defendant Manuel Miranda was convicted of conspiracy to possess and sell methamphetamine, transportation of methamphetamine, and using a false compartment in a vehicle with intent to transport. At sentencing, the trial court imposed a total of 12 years 4 months in prison, including a term of 1 year 4 months for use of the false compartment. On appeal, defendant contends the trial court erred in denying his request that it stay imposition of punishment for the use of a false compartment charge pursuant to Penal Code1 section 654 because it involves the same intent and objective as the transportation count. We agree with defendant, finding the use of a false compartment involves the same intent and objective as that associated with the transportation of methamphetamine. We will therefore modify and affirm the judgment. Additionally, following plaintiff’s separate contention that the abstract of judgment should be amended to reflect defendant was tried by a jury, rather than pleading guilty, and that defendant was sentenced pursuant to section 667, subdivisions (b) through (i), we will direct the trial court to amend the abstract of judgment accordingly.